LAWS(HPH)-2016-4-22

ORIENTAL INSURANCE COMPANY Vs. SHINDER KAUR AND ORS.

Decided On April 08, 2016
ORIENTAL INSURANCE COMPANY Appellant
V/S
Shinder Kaur And Ors. Respondents

JUDGEMENT

(1.) Subject matter of this appeal is the judgment and award, dated 11th February, 2010, made by the Motor Accident Claims Tribunal -II, Solan, H.P. (for short "the Tribunal") in MAC Petition No. 14 -NL/2 of 2008, titled as Smt. Shinder Kaur and others versus Kamal Kumar and others, whereby compensation to the tune of Rs. 10,70,000/ - with interest @ 12% per annum from the date of the claim petition till its realization came to be awarded in favour of the claimants and against the insurer (for short "the impugned award").

(2.) The claimants, the owner -insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

(3.) Appellant -insurer has questioned the impugned award on the grounds that the Tribunal has fallen in an error in saddling it with liability as the driver of the offending vehicle was not having the valid and effective driving licence to drive the same and the amount awarded is excessive.